Northern District of New York Grants 12(b)(6) Motion Dismissing Extra-Contractual Damages

On March 30, 2020, Judge Lawrence E. Kahn of the Northern District of New York granted a carrier’s 12(b)(6) motion seeking dismissal of the insured’s extra-contractual claims.  The case was filed by a homeowner seeking payment for alleged water damages at her home.  She alleged that the water damage loss occurred January 6, 2017, but acknowledged that she had not reported the claim until a year later. 

Plaintiff alleged that the carrier wrongfully denied her claim, although the carrier pointed out that it never actually …

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